Allahabad High Court
Abdul Moiez Khan @ Moiez Khan And 2 Ors vs State Of U.P. And Another on 28 January, 2023
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 23214 of 2018 Applicant :- Abdul Moiez Khan @ Moiez Khan And 2 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sharique Ahmed Counsel for Opposite Party :- G.A.,Rakesh Dubey Hon'ble Saumitra Dayal Singh,J.
Heard Sri Sharique Ahmed learned counsel for the applicants, learned AGA for the State and Sri Syed Iqbal Ahmed learned counsel for opposite party No.2.
The present Application under Section 482 Cr.P.C. has been filed for quashing of the Charge Sheet No.60 of 2018 dated 15.04.2018, summoning order dated 16.05.2018 as well as the entire proceedings of Case No.24723 of 2018 (State Vs. Abdul Rashid Khan and others), arising out of Case Crime No.258 of 2017, under Sections 498-A, 323 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station-Rail Bazar, District-Kanpur Nagar, pending before C.M.M., Kanpur Nagar.
At the outset, it has been stated, proceedings against the husband of the opposite party No. 2 namely Abdul Rashid Khan have been quashed by this Court vide order dated 17.8.2022 in Application U/S 482 No. 14651 of 2021. That order reads as below:-
"Heard learned counsel for both the parties and learned A.G.A. for the State-respondents.
The present Application under Section 482 Cr.P.C. has been filed for quashing of the Charge Sheet No.60 of 2018 dated 15.04.2018, summoning order dated 16.05.2018 as well as the entire proceedings of Case No.24723 of 2018 (State Vs. Abdul Rashid Khan and others), arising out of Case Crime No.258 of 2017, under Sections 498-A, 323 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station-Rail Bazar, District-Kanpur Nagar, pending before C.M.M., Kanpur Nagar.
In the counter affidavit, the parties contended that the matter had already been settled between the parties before Family Court, Kanpur Nagar dated 18.10.2019 and the compromise deed alongwith short counter affidavit has been appended as Annexure S.C.A.-1. It is further contended by the parties that pursuant to the compromise, amount of Rs. 1,90,000/- has been paid by the applicant to the opposite party no. 2, a copy of which has been appended as Annexure No. S.C.A.-2.
Since the matter had already been compromised between the parties, proceedings of the aforesaid case are hereby quashed.
The application stands allowed."
Thus, it has been stated, applicants who are father-in-law, mother-in-law and brother-in-law of the opposite party No. 2 deserve similar relief.
The above position has been accepted as correct by learned counsel for the opposite party No.2.
Accordingly, present application stands allowed on same terms as Application U/S 482 No. 14651 of 20210.
Order Date :- 28.1.2023 Faraz